An applicant for a temporary work 457 visa did not disclose her 20-week pregnancy at the time of applying for the job, nor when applying for the visa.
Once the visa was granted, the visa holder immediately advised her employer of the pregnancy and sought maternity leave.
This placed our client in a difficult situation, and they sought our advice on the matter.
We commenced an investigation of all the relevant issues and options available to both the sponsor and employee.
This involved resolving a number of interrelated employment and immigration issues, including: What obligations and rights does the business sponsor and visa holder have under law? Given the circumstances, was it within the rights of the employee to seek maternity leave pursuant to the Fair Work Act and relevant immigration legislation? Are any non-disclosure issues raised?
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